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.,~ <br />111 llllllllllllllll <br />BEFORE THE <br />CINITED STATES DEPARTMENT OF THE INTERIOR <br />OFFICE OF HEARINGS AND APPEALS <br />HEARINGS DIVISION <br />OFFICE OF SURFACE MINING ) Notice of Violation No. 94-020-352-003 <br />RECLAMATION AND ) <br />ENFORCEMENT, ) Marr Strip Mine <br />Respondent.) Permit No. C-80-006 (Colorado) <br />KERR COAL COMPANY, ) Docket No. DV 95-1-P <br />Petitioner, ) <br />Petition for Review of Civil Penalty <br />v. ) Assessment <br />STIPULATED MOTION TO DISMISS <br />Kerr Coal Company ("Kerr"), by its attorneys, Dufford & Brown, P.C., <br />pursuant to 43 CFR § 4.1111, hereby moves to dismiss this case. As grounds, Kerr <br />states that all prerequisites for dismissal which were agreed to in the Settlement <br />Agreement referenced in the Stipulated Motion for Stay filed on or about December 23, <br />1994, have been completed. Counsel for Kerr is authorized to state that counsel for the <br />Office of Surface Mining Reclamation and Enforcement stipulates to dismissal of this <br />case. <br />Dated: January 16, 1996 <br />Respectfully submitted, <br />DUFFORD & BROWN, P.C. <br />Richard L. Fanyo <br />1700 Broadway, Suite 1700 <br />Denver, CO 80290-1701 <br />Telephone: (303) 861-8013 <br />Attorneys for Kerr Coal Company <br />JFlFJ-/, I//J-9F <br />